James Orenstein

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A Coherent Middle Ground in the Apple-FBI All Writs Act Dispute?

The very public fight between Apple and the FBI over the last six weeks has not only reinvigorated the broader debate over the “going dark” concern (and the larger, age-old tension between privacy and security) but has also drawn attention to the specific legal question of just how much power current federal law (in the form of the All Writs Act) confers upon judges to compel private persons and companies to take affirmative steps to help the government execute a duly-issued search warrant.

Going Dark

Apple Wins a Round

Magistrate Judge James Orenstein in the Eastern District of New York has ruled that the government's request for assistance from Apple to extract data from a phone operating iOS 7—an older operating system than the one at issue in California—is not permissible under the All Writs Act.

The full opinion is below.


DOJ and Apple File Briefs in EDNY Encryption Case

At the request of Judge James Orenstein of the U.S. District Court for the Eastern District of New York, over the course of last week, Apple filed two briefs and the government filed one regarding the feasibility of Apple's decrypting its own devices. As Francesca Procaccini wrote last week, the case concerns the government's request for an order to compel Apple to decrypt an iPhone under the All Writs Act.

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